BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

----------------------------------------------------------------

Joint Application and Notice of :

 :

SKYWEST AIRLINES, INC. : 

REPUBLIC AIRLINE INC. : Docket DOT-OST-2015-_____

 :

for statements of authorization pursuant to :

14 C.F.R. Part 212 (Ethiopian Airlines codeshare) :

---------------------------------------------------------------

JOINT APPLICATION OF SKYWEST AND REPUBLIC

FOR STATEMENTS OF AUTHORIZATION

AND JOINT BLANKET CODESHARE NOTICE

Communications with respect to this document should be sent to:

Steve Morrissey

Vice President-Regulatory & Policy

UNITED AIRLINES, INC.

1225 New York Avenue, NW

Suite 1100 – DCAIZ

Washington, DC 20005

(202) 521-4373

steve.morrissey@united.com

Daniel A. Weiss

Managing Director-International

 Affairs and Regulatory

UNITED AIRLINES, INC.

233 South Wacker Drive

10th Floor – HDQIZ

Chicago, IL 60606

(872) 825-6828

dan.weiss@united.com

Gerald F. Murphy

Steven J. Seiden

CROWELL & MORING LLP

1001 Pennsylvania Avenue, NW

Washington, DC 20004

(202) 624-2500

gmurphy@crowell.com

sseiden@crowell.com

Counsel for

United Airlines, Inc. 

May 26, 2015

Thomas Newton Bolling

Vice President and Deputy General Counsel

Abby L. Bried

Associate General Counsel-Regulatory, 

 Antitrust & Alliances

James Conneely

Counsel-Regulatory

UNITED AIRLINES, INC.

233 South Wacker Drive

11th Floor – HDQLD

Chicago, IL 60606

(872) 825-8068

(872) 825-7415

(872) 825-8311

thomas.bolling@united.com

abby.bried@united.com

james.conneely@united.com

Michael F. Goldman

SILVERBERG GOLDMAN L.L.P.

1101 30th Street, NW, Suite 300

Washington, DC 20007

(202) 944-3305

mgoldman@sgbdc.com

Counsel for 

Ethiopian Airlines Enterprise 

NOTICE: United has requested expedited treatment of this application. It will poll U.S. 

carrier representatives and inform the Department of the results
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

----------------------------------------------------------------

Joint Application and Notice of :

 :

SKYWEST AIRLINES, INC. : 

REPUBLIC AIRLINE INC. : Docket DOT-OST-2015-_____

 :

for statements of authorization pursuant to :

14 C.F.R. Part 212 (Ethiopian Airlines codeshare) :

----------------------------------------------------------------

JOINT APPLICATION OF SKYWEST AND REPUBLIC

FOR STATEMENTS OF AUTHORIZATION

AND JOINT BLANKET CODESHARE NOTICE

SkyWest1and Republic d/b/a United Express (collectively, “Joint Applicants”) jointly 

apply2for blanket statements of authorization pursuant to Part 212 of the Department’s 

regulations to facilitate codeshare services with Ethiopian Airlines Enterprise (“Ethiopian”), 

which is a codeshare partner of United.3 Specifically, the Joint Applicants request authorization 

to display Ethiopian’s’ “ET*” designator code on flights operated by them as United Express 

carriers between points in the U.S. and between U.S. points and points in third countries. The 

Joint Applicants respectfully request the Department’s prompt approval of this application so 

that the marketing and sale of these codeshare services can begin without delay.4

 

1 Common names are used for airlines.

2 United is filing this application on behalf and with the permission of the Joint 

Applicants.

3

See Notice of Action Taken dated Jun. 13, 2014 in Dockets DOT-OST-2004-

19148 and DOT-OST-2014-0082.

4

To the extent necessary, the Joint Applicants request waiver of the 45-day 

advance filing requirement contained in 14 C.F.R. § 212.10(d)(2).
Joint Application and Notice

Page 2

In addition, pursuant to the Department’s Notice In the Matter of Blanket Notification of 

Codeshare Service to Open-Skies Partners and Points, dated February 9, 2009, the Joint 

Applicants, United, and Ethiopian give blanket notice of codeshare services displaying the 

“ET*” designator code on flights operated by the Joint Applicants between U.S. points and 

between U.S. points and points in third countries. Codeshare services conducted pursuant to this 

notice will be limited to those consistent with the provisions of the U.S.-Ethiopia open-skies 

agreement,5and other applicable open-skies agreements. The Joint Applicants, United and 

Ethiopian, as applicable, will provide the Department with a 30-day notice prior to commencing 

any codeshare services involving non-open-skies points.

In support of this Application, the Joint Applicants state as follows:

1. Ethiopian has agreed to the display of the “ET*” designator code on flights 

operated by the Joint Applicants.6 Redacted copies of the agreements will be placed in the 

assigned docket. 

2. The Joint Applicants are air carriers holding various certificates of public 

convenience and necessity and exemptions authorizing them to provide interstate and foreign 

scheduled air transportation services.7 They are also participants in the United Express 

 

5

 See Air Transport Agreement between the Government of the United States of 

America and the Government of the Federal Democratic Republic of Ethiopia (signed May 17, 

2005).

6

Pursuant to this agreement, the “ET*” designator code will also be displayed on 

flights operated by United Express carriers operating aircraft with fewer than 60 seats. These 

carriers are excluded from this application since Department regulations exempt such operations 

from the statement of authorization requirement. See 14 C.F.R. §§ 206.5, 212.1 and 298.11.

7

See, e.g., Orders 2009-9-13 and 2008-4-26 (Republic) and Orders 1998-7-6 and 

2008-4-26 (SkyWest). Pursuant to Rule 24 of the Department’s Rules of Practice, the Joint 

Applicants request that the Department take official notice of all information and data that have 

been filed to establish their fitness.
Joint Application and Notice

Page 3

commuter program, operating codeshare services for United and displaying United’s designator 

code, as well as those of certain of United’s foreign codeshare partners. United and the Joint 

Applicants now wish to make these codeshare services available to Ethiopian, thereby increasing 

the online service offerings between United’s extensive North American route network and 

Ethiopian’s hub at Addis Ababa and to points beyond.

3. The requested statements of authorization are fully consistent with the U.S.-

Ethiopia open-skies agreement and Department precedent in cases involving similar codeshare 

arrangements between U.S. and foreign air carriers.8 Ethiopian already holds the requisite 

underlying economic authority necessary to engage in the codeshare services proposed by the 

Joint Applicants.9

4. The requested authority is also consistent with the public interest because it will 

benefit the traveling and shipping public by enhancing online service between U.S. cities and 

points around the globe, via United’s domestic hubs and Ethiopian U.S. gateways.

5. The Joint Applicants agree to accept the Department’s standard conditions and 

notice requirements imposed on codeshare arrangements.

6. The Joint Applicants request that the Department issue the requested statements 

of authorization for an indefinite period, consistent with Department practice.

7. The Joint Applicants are not CRAF participants, so issuance of the requested 

blanket statements of authorization will not affect the CRAF program.

 

8

See, e.g., Dockets DOT-OST-2014-0036, DOT-OST-2012-0125, DOT-OST2012-0157 and DOT-OST-2012-0161 (approving similar codeshare arrangements between 

various United Express operators and foreign carrier partners).

9

See Order 2007-5-3 (granting a foreign air carrier permit to Ethiopian Airlines).
Joint Application and Notice

Page 4

WHEREFORE, the Joint Applicants respectfully request that the Department promptly 

grant this application for blanket statements of authorization and such other relief as the 

Department may deem appropriate.

Respectfully submitted,

SILVERBERG GOLDMAN L.L.P.

/s/ Michael F. Goldman

____________________________________

Michael F. Goldman

mgoldman@sgbdc.com

Counsel for

ETHIOPIAN AIRLINES ENTERPRISE

CROWELL & MORING LLP

/s/ Gerald F. Murphy

____________________________________

Gerald F. Murphy

Steven J. Seiden

gmurphy@crowell.com

sseiden@crowell.com

Counsel for

UNITED AIRLINES, INC. 

Submitted on behalf of:

Todd Emerson

For SKYWEST AIRLINES, INC.

General Counsel

444 South River Road

St. George, Utah 84790

Ethan J. Blank

For REPUBLIC AIRLINE INC.

Vice President and General Counsel

8909 Purdue Road, Suite 300

Indianapolis, IN 46268

May 26, 2015